United States v. Lynn Cawthorne

Case: 24-30090 Document: 56-1 Page: 1 Date Filed: 08/19/2024

United States Court of Appeals for the Fifth Circuit _____________ United States Court of Appeals Fifth Circuit No. 24-30090 consolidated with FILED No. 24-30129 August 19, 2024 _____________ Lyle W. Cayce Clerk United States of America,

Plaintiff—Appellee,

versus Lynn D. Cawthorne,

Defendant—Appellant. ______________________________

Appeals from the United States District Court for the Western District of Louisiana USDC Nos. 5:19-CR-393-1, 5:18-CR-107-1 ______________________________

Before Graves, Willett, and Wilson, Circuit Judges. Per Curiam: * In these consolidated appeals, Lynn D. Cawthorne, federal prisoner # 20593-035, appeals the district court’s denial of a sentence reduction pursuant to 18 U.S.C. § 3582(c)(2) based on Amendment 821 to the Sentencing Guidelines. The district court’s order denied sentence reductions for Cawthorne’s convictions, in separate criminal cases, of wire

_____________________ * This opinion is not designated for publication. See 5th Cir. R. 47.5.

Case: 24-30090 Document: 56-1 Page: 2 Date Filed: 08/19/2024

24-30090 c/w No. 24-30129

fraud and aiding and abetting in making and subscribing a false return, for which he was sentenced to 46 months of imprisonment and 36 months of imprisonment, respectively, to be served concurrently. On August 6, 2024, before this case was decided, Cawthorne was released from federal custody. As a result, his consolidated appeals of the denial of a § 3582(c)(2) sentence reduction, which implicated only his term of imprisonment, are DISMISSED as moot. See United States v. Booker, 645 F.3d 328, 328 (5th Cir. 2011). Counsel’s motion for leave to withdraw pursuant to Anders v. California, 386 U.S. 738 (1967), is DENIED as unnecessary.